(6) A resolution before the Ministerial Council will be carried only by a unanimous vote of all Ministers present who constitute a quorum.
(7) The Chair of the Ministerial Council shall be the Commonwealth Minister appointed under clause 8.
14. Resolutions Other than at Meetings
(1) A decision of the Ministerial Council may be made other than at a meeting of the Ministerial Council if made in accordance with this clause.
(2) If:
(a) the text of a proposed resolution is sent or given in writing by facsimile or other transmission by an officer authorised by the Authority to a Minister appointed under clause 8 or if that Minister is unavailable a Minister for the same Contracting Government authorised for the purpose by that Government; and
(b) such Minister approves the proposed resolution and notifies that officer in writing sent or given by facsimile or other transmission,
the proposed resolution is deemed to have been approved by the Minister appointed under clause 8.
(3) When a Minister from each Contracting Government has approved a resolution in accordance with sub‑clause (2) the resolution shall be deemed to have become a decision of the Ministerial Council at the date and time the last of those Ministers has approved the resolution.
(4) Any decision of the Ministerial Council made in accordance with this clause, must be recorded by an officer authorised by the Authority and a copy of the decision sent to each member of the Ministerial Council within 21 days after the decision is made.
(5) The record made pursuant to sub‑clause (4) shall be confirmed at the next meeting of the Ministerial Council.
(6) The text of a resolution for which approval is sought under this clause, relating to any provision of this Agreement, or to any issue in respect of the Ministerial Council’s functions under the Water Act, which does not apply to either or both of Queensland and the Australian Capital Territory by virtue of the provisions of Part VI or sub‑clause 13(4), need not be referred to or approved by any Minister from the Government of Queensland or the Australian Capital Territory or both (as the case requires).
15. Appointment of Committees
(1) The Ministerial Council may from time to time appoint such temporary or standing committees as it sees fit.
(2) A committee shall have such members, terms of reference, powers and functions as the Ministerial Council determines.
(3) A member of a committee shall hold office on such terms as the Ministerial Council may determine.
(4) A member of a committee shall receive such allowances and expenses as the Authority may from time to time determine.
16. Basin Community Committee to Advise Ministerial Council
(1) The Basin Community Committee is to provide advice to the Ministerial Council on any matter relating to the Ministerial Council’s functions, at the request of the Ministerial Council.
(2) The Ministerial Council may invite the Chair of the Basin Community Committee to attend a meeting of the Ministerial Council as an observer.
PART IV—THE COMMITTEE
DIVISION 1—ESTABLISHMENT AND MEMBERSHIP OF THE COMMITTEE
17. Establishment of Basin Officials Committee
(1) The Basin Officials Committee (the Committee) is established.
(2) The Committee shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement or the Water Act.
18. Membership of the Committee
The Committee consists of:
(a) a Chair; and
(b) five other members, each of whom represents a different State Contracting Government.
19. Appointment of Chair of the Committee
(1) The Chair of the Committee is to be appointed by the Commonwealth Minister by written instrument.
(2) The appointment of the Chair of the Committee is not invalidated merely because of a defect or irregularity in connection with the appointment.
20. Appointment of Other Members of the Committee
(1) Any other member of the Committee is to be appointed, by written instrument, by the Minister for the State Contracting Government that the member is to represent.
(2) The member’s appointment is not invalidated merely because of a defect or irregularity in connection with the appointment.
21. Acting Members of the Committee
(1) The Commonwealth Minister may, by written instrument, appoint an individual to act as the Chair of the Committee.
(2) The Minister of a State Contracting Government may, by written instrument, appoint an individual to act as the Committee member for that Contracting Government.
(3) An individual’s appointment under sub‑clause (1) or (2) to act as a Committee member:
(a) does not cease to have effect merely because the Committee member’s appointment ceases to have effect; and
(b) if that Committee member is replaced by the appointment of another Committee member—continues in effect in relation to the new Committee member.
(4) An individual appointed to act as a Committee member may act as, and perform the functions and exercise the powers of, the Committee member:
(a) during a vacancy in the office of the Committee member, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Committee member:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to attend a meeting of the Committee; or
(iii) is, for any reason, unable to perform the duties of the office.
(5) Anything done by or in relation to an individual purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
22. Period of Appointment
A member of the Committee (including an acting member) holds office for the period specified in his or her instrument of appointment, and is eligible for re‑appointment.
23. Standing Obligation to Disclose Interests
(1) A member of the Committee (including an acting member) must disclose any interest the member has if that interest could conflict with the proper performance of the functions of the member’s office.
Note: The member must also disclose the interest under clause 24 if the interest is in a matter being considered or about to be considered by the Committee.
(2) Disclosure is required whether or not there is any particular matter under consideration that gives rise to an actual conflict of interest.
(3) The disclosure must be by written notice given:
(a) if the member is the Chair of the Committee—to the Chair of the Ministerial Council; or
(b) if the member is not the Chair of the Committee—to the Chair of the Committee.
The notice must be given as soon as practicable after the member becomes aware of the potential for conflict of interest.
(4) Sub‑clause (1) applies to interests:
(a) whether direct or indirect, and whether or not pecuniary; and
(b) whether acquired before or after the member’s appointment.
24. Obligation to Disclose Interests Before Considering a Particular Matter
(1) If:
(a) a member of the Committee (including an acting member) has an interest in a matter being considered or about to be considered by the Committee; and
(b) the interest is an interest that could conflict with the proper performance of the functions of the member’s office, as those functions give the member a role in deciding the matter;
the member must disclose the nature of the interest to a meeting of the Committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting of the Committee.
(4) Sub‑clause (1) applies to interests:
(a) whether direct or indirect, and whether or not pecuniary; and
(b) whether acquired before or after the member’s appointment.
25. Chief Executive and Authority Chair May Attend Meetings
(1) The Chief Executive and Authority Chair:
(a) may attend, and participate in, any meeting of the Committee; and
(b) are entitled to access to any documents of the Committee that are relevant to such a meeting.
(2) However, the Chief Executive and the Authority Chair are not entitled to vote on a matter to be decided in the meeting.
(3) If:
(a) the Chief Executive or Authority Chair has an interest in a matter being considered or about to be considered by the Committee; and
(b) the interest is an interest that could conflict with the proper performance of the functions of his or her office, as those functions relate to his or her attendance at, or participation in, a meeting of the Committee,
he or she must disclose the nature of the interest to the meeting of the Committee.
(4) The disclosure must be made as soon as possible after the relevant facts have come to his or her knowledge.
(5) The disclosure must be recorded in the minutes of the meeting of the Committee.
(6) Sub‑clause (3) applies to interests:
(a) whether direct or indirect, and whether or not pecuniary; and
(b) whether acquired before or after the appointment of the Chief Executive or Authority Chair.
DIVISION 2—FUNCTIONS AND POWERS OF THE COMMITTEE
26. Functions and Powers of the Committee
(1) The functions of the Committee are:
(a) to advise the Ministerial Council in relation to outcomes and objectives on major policy issues of common interest to the Contracting Governments in relation to the management of the water and other natural resources of the Murray‑Darling Basin, including in relation to the Ministerial Council’s role in the provision of critical human water needs, but otherwise only in so far as those issues are not provided for in the Basin Plan;
(b) to give effect to any policy or decision of the Ministerial Council, as required by the Ministerial Council;
(c) to exercise responsibility for high level decision making in relation to river operations, including by setting objectives and outcomes to be achieved by the Authority in relation to river operations;
(d) to exercise the powers and discharge the duties conferred on it by or under this Agreement or the Water Act.
(2) Paragraphs (1)(b) and (c) do not operate:
(a) to confer any powers on the Committee in addition to powers conferred by other provisions of this Agreement or the Water Act;
(b) to enable the Committee to—
(i) do anything; or
(ii) require the Authority to do anything,
for which Part VII and subsequent Parts provide, otherwise than as provided for by those Parts as amended from time to time.
(3) The advice referred to in paragraph (1)(a) shall be determined by majority vote of the Committee members who constitute a quorum. In the event of a unanimous decision not being reached, each Committee member may tender separate advice to the Ministerial Council.
DIVISION 3—DECISION MAKING BY THE COMMITTEE
27. Proceedings of the Committee
(1) The Committee members may meet together for the transaction of the Committee’s business and may adjourn any meeting.
(2) Any Committee member may at any time call a meeting of the Committee.
(3) Each Committee member shall have one vote.
(4) Subject to sub‑clauses (5) and (6), one Committee member for each Contracting Government shall constitute a quorum.
(5) The quorum of the Committee for debating any issue, or considering or making any resolution on an issue, related to any provision of the Agreement, or to any policy, determination or decision of the Ministerial Council or the Committee, which does not apply, in whole or in part, to either or both of Queensland and the Australian Capital Territory by virtue of Part VI, does not include the Committee member for Queensland or the Committee member for the Australian Capital Territory, or both (as the case requires).
(6) The quorum of the Committee for debating any issue, or considering or making any resolution on an issue in respect of its functions under the Water Act:
(a) includes the Committee member for Queensland unless the matter relates to Part 2A of the Water Act, in which case the quorum includes that member only if the issue relates to critical human water needs in a way that affects Queensland, or affects the sharing of Basin water resources between Queensland and New South Wales;
(b) includes the Committee member for the Australian Capital Territory unless the matter relates to Part 2A of the Water Act, in which case the quorum includes that member only if the issue relates to critical human water needs in a way that affects the Australian Capital Territory.
(7) A person who is not included in a quorum may not vote on any resolution referred to in sub‑clause (5) or (6).
(8) Except as provided in sub‑clauses 26(3) and 99(2) a resolution before the Committee will be carried only:
(a) by a unanimous vote of all Committee members present who constitute a quorum; or
(b) by majority vote of the Committee members present who constitute a quorum, if those members by a unanimous vote agree that the resolution will be carried in that way.
(9) The Committee must, subject to this Agreement, determine its own procedure.
(10) The Committee must keep proper minutes of its proceedings.
28. Resolutions Other than at Meetings
(1) The Committee may make a resolution other than at a duly convened meeting.
(2) Before a resolution is made pursuant to sub‑clause (1):
(a) subject to sub‑clause (4), the text of the proposed resolution must be referred to the Committee member appointed by each Contracting Government; and
(b) that Committee member must approve the text of the proposed resolution.
(3) Subject to sub‑clause (4), a resolution under this clause shall be made at the time when each Committee member referred to in sub‑clause (2) has signified approval of the resolution to an officer authorised by the Authority.
(4) The text of a resolution for which approval is sought under this clause, relating to any provision of this Agreement, or to any issue in respect of the Committee’s functions under the Water Act, which does not apply to either or both of Queensland and the Australian Capital Territory by virtue of the provisions of Part VI or sub‑clause 27(6), need not be referred to or approved by either or both the Committee member for Queensland or the Committee member for the Australian Capital Territory (as the case requires).
(5) A Committee member may signify approval of a resolution by any means, provided that:
(a) approval by telephone must be signified in person by the Committee member; and
(b) approval in writing must be by letter or facsimile transmission which has been dated and signed by the Committee member.
(6) A resolution made under this clause must be duly recorded and a copy sent to each Committee member within 21 days of the resolution being made.
PART V—THE AUTHORITY
29. Functions, Powers and Duties of the Authority
(1) The functions of the Authority are:
(a) to give effect to any decision of the Ministerial Council, including any decision made under sub‑clause (3);
(b) to give effect to any high level decision of the Committee in relation to river operations;
(c) to provide advice to the Ministerial Council and the Committee as required to fulfil their functions;
(d) to provide administrative support to the Ministerial Council and the Committee; and
(e) to exercise the powers and discharge the duties conferred on it by or under this Agreement.
(2) Subject to a decision of the Ministerial Council made under sub‑clause (3), in carrying out its functions the Authority is to act in accordance with:
(a) the provisions of this Agreement;
(b) the corporate plan;
(ba) the work plan;
(c) the asset management plan;
(d) the asset agreement;
(da) the service level agreement; and
(e) in relation to river operations, the requirements of clause 30.
(3) The Ministerial Council may, if it agrees that an emergency exists, decide that the Authority should carry out functions or exercise powers for the purposes of this Agreement:
(a) that are in addition to functions or powers conferred by the other provisions of this Agreement; or
(b) otherwise than as required by sub‑clause (2).
30. Authority’s Functions in Relation to River Operations
(1) The Authority must not exercise any of its functions in relation to river operations in a manner that has the potential to have a material effect on State water entitlements unless it does so in accordance with a decision of the Committee made under this Agreement, or a provision of the document approved under clause 31.
(2) Subject to sub‑clause (3), the Authority must carry out its functions in relation to river operations in accordance with objectives and outcomes specified in the document approved under clause 31 or, during the period before that document has been approved, clause 32.
(3) If clause 33 requires the Authority to refer to the Committee a matter relating to the Authority’s functions in relation to river operations, the Authority must act in accordance with a determination made under that clause.
31. Objectives and outcomes for river operations
(1) The Committee must each year, unless the Committee determines otherwise, approve, and may from time to time amend, a document which specifies the objectives and outcomes to be achieved by the Authority in carrying out the Authority’s functions in relation to river operations.
(2) A document (including an amended document) approved under this clause remains in effect until the Committee resolves to approve a new document.